NC Highway Patrol: Judges Back GOP Control
- — A panel of judges in Wake county has dismissed a lawsuit brought by Democratic Gov.
- the legal challenge centered on a provision within a larger bill passed by the Republican-controlled General Assembly last year.
- Freddy Johnson, appointed by cooper in 2021, will remain State Highway Patrol commander until 2030, irrespective of the governor's preference.
Judges in North Carolina have sided against Governor Josh Stein in a notable power struggle concerning the State Highway Patrol, upholding a law that limits the governor’s appointment authority. This ruling, delivered by a panel of Wake County judges, prevents Stein from selecting the patrol commander. The decision is a victory for Republican leaders in the state and stems from a broader legal challenge to a law reducing the governor’s power. The core of the dispute centers on the commander’s tenure. Eric Fletcher, Stein’s attorney, argued the law is unconstitutional. News Directory 3 follows this developing case. What is next for this battle over executive power? Discover what’s next.
North Carolina Governor’s Power Struggle: Court sides Against Stein
RALEIGH, N.C. — A panel of judges in Wake county has dismissed a lawsuit brought by Democratic Gov. Josh Stein against Republican legislative leaders. The ruling upholds a key part of a law that shifts power away from the governor, specifically regarding the appointment of the State Highway Patrol commander. This decision, made unanimously by three Civil Superior Court judges, prevents Stein from selecting the patrol’s leader.
the legal challenge centered on a provision within a larger bill passed by the Republican-controlled General Assembly last year. This broader law reduced the authority of the governor and other Democratic officials holding statewide positions. Stein and former Gov.Roy Cooper initiated the lawsuit shortly after the law’s passage.
At the heart of the dispute is the stipulation that Col. Freddy Johnson, appointed by cooper in 2021, will remain State Highway Patrol commander until 2030, irrespective of the governor’s preference. Johnson is also named as a defendant in the case.
The judges stated that Stein failed to demonstrate the provision’s unconstitutionality and that there were “no genuine issues of material fact.”
Eric Fletcher, Stein’s attorney, argued that the law undermines the governor’s authority and violates the separation of powers. He contended that the commander would be indirectly, rather than directly, accountable to the General Assembly.
Fletcher clarified that the lawsuit was not a reflection on Johnson’s competence.
Attorneys for Republican leaders Destin hall and Phil Berger argued that the case should be dismissed because Stein had not publicly stated an intention to remove Johnson. They characterized the governor’s arguments as largely hypothetical.
William Boyle, Johnson’s lawyer, asserted that there was “no crisis here” between the governor and the commander. He added that granting the governor appointment power during the legal proceedings would cause “lasting detrimental harm.”
Separately,Stein’s office is challenging another part of the same law,which transfers the power to appoint state Board of Elections members from the governor to the state auditor,who is a Republican. The appointments remain in place while the law’s constitutionality is debated in court. These changes shifted the state elections board to a Republican majority.
What’s next
The governor’s office has the option to appeal the court’s decision, continuing the legal battle over executive power in North Carolina. The ongoing debate surrounding the State Board of Elections appointments also adds another layer to the power struggle between the executive and legislative branches.